Paintwork Issues On Used Car

DoaM

Housing is an entirely separate area of consideration, with its own legal framework ... the Consumer Rights Act 2015 doesn't apply for property purchases.

https://www.businesscompanion.info/sites/default/files/Car-Traders-and-Consumer-Law-Guidance-for-Dealerships-draft.pdf ... see section 4.6. (First link I found with a quick search).

Giving insufficient information to consumers (misleading omissions – regulation 6)

This might, for example, be by omitting or hiding important information you are aware of (or you should reasonably have been aware of as a professional in the motor trade) or providing important information in an unclear, unintelligible, ambiguous, or untimely manner, where this is likely to cause the average consumer to take a different decision.

powerful_Rogue

DoaM said:

Housing is an entirely separate area of consideration, with its own legal framework ... the Consumer Rights Act 2015 doesn't apply for property purchases.

https://www.businesscompanion.info/sites/default/files/Car-Traders-and-Consumer-Law-Guidance-for-Dealerships-draft.pdf ... see section 4.6. (First link I found with a quick search).

Giving insufficient information to consumers (misleading omissions – regulation 6)

This might, for example, be by omitting or hiding important information you are aware of (or you should reasonably have been aware of as a professional in the motor trade) or providing important information in an unclear, unintelligible, ambiguous, or untimely manner, where this is likely to cause the average consumer to take a different decision.

Always easy to find when you know what to search for!

So it's not quite as open and closed as saying they should have known. If there's nothing on the HPI check and the 147 point check did not indicate the car had been involved in an accident/repaired  - then the OP would have to instigate SCC for the court to decide ont he BoP.

That link you gave, gave an example:

Failing to disclose the existence and results of all checks carried out on the vehicle (for example, mechanical, history and mileage checks) and any adverse information you have found out or are otherwise aware of, such as for example: º The vehicle’s previous accident8 and/or insurance write off history. º Discrepancies in the mileage or service history of the vehicle. º Faults with the vehicle that have not been rectified

It talks about checks, so as I said above, if nothing came back to indicate it had been in an accident or repaired, then the dealer has not ommited anything.

photome

zb_rad said:

neilmcl said:

Sorry, but I'm with the dealer on this. You purchased a 7 year old car and with that comes the expectation that it's not going to be factory perfect, particularly the bodywork. You had ample opportunity to inspect the vehicle fully before purchase, taking it out for a test drive and seeing it under various different light conditions if you chose to do so. Unless the dealership described the car differently to what you received I really don't think they are liable for some minor cosmetic issues.

The sales bloke brought the car under a canopy on an overcast day, he then walked off back into the shop and wasn’t to be seen again until we found him. On handover at night we were handed the keys and sent on our way. Hardly fair. 

I understand age related marks but not a poor respray on the passenger side and then a poor polish to top it off. 

I suppose it’s easier to side with the dealer when it’s not yourself in the situation. 

If it was under a canopy with poor light, why didnt you ask to have it moved to somewhere with different light.
I get what DOAM is saying but I also think everyone needs to take some responsibilty for their actions, especially  when buying a 7 year old car.

I know its easy in hindsight but when ever i have bought a car , (after giving it a thorough look over) i wash and polish it so i know if there are any imperfections, that would have helped your case greatly if you had done the same

zb_rad

Unfortunately I don’t have great knowledge in what to check over when buying a car, we did the best with what we did know but there’s only so much you can check. 

It’s only when a specialist looked over it that it became apparent. The garage
 has a 114 point check carried out which checks numerous things including vehicle exterior bodywork. The vehicle was also purchased from Auction so I’m sure someone would of spotted the defects. The wing mirror was also replaced as they left the damaged one in the boot of the car so I’m confident they knew something about it. 

DoaM

powerful_Rogue said:
Always easy to find when you know what to search for!

I actually used your previous post as the search term inspiration.

mattyprice4004

It'd be an easy win if this was a week later - but this now nearly 4 months on. Lockdown doesn't really affect the timescale - a lot of people such as myself used their cars daily right through it all. 

I can see their point of view - how do they know you haven't done the damage? 

zb_rad

mattyprice4004 said:

It'd be an easy win if this was a week later - but this now nearly 4 months on. Lockdown doesn't really affect the timescale - a lot of people such as myself used their cars daily right through it all. 

I can see their point of view - how do they know you haven't done the damage? 

But the dealerships were closed so even if I had noticed this issue sooner on I wouldn’t of been able to raise it until 01/06 which is when the reopened 

k3lvc

zb_rad said:

mattyprice4004 said:

It'd be an easy win if this was a week later - but this now nearly 4 months on. Lockdown doesn't really affect the timescale - a lot of people such as myself used their cars daily right through it all. 

I can see their point of view - how do they know you haven't done the damage? 

But the dealerships were closed so even if I had noticed this issue sooner on I wouldn’t of been able to raise it until 01/06 which is when the reopened 

Depends where you bought it - all local franchises to me had an opportunity to deal with service/warranty issues - was it an approved used car from a VW dealer and did you actually try to contact them ??

neilmcl

zb_rad said:

mattyprice4004 said:

It'd be an easy win if this was a week later - but this now nearly 4 months on. Lockdown doesn't really affect the timescale - a lot of people such as myself used their cars daily right through it all. 

I can see their point of view - how do they know you haven't done the damage? 

But the dealerships were closed so even if I had noticed this issue sooner on I wouldn’t of been able to raise it until 01/06 which is when the reopened 

Closed or not you could've still raised the issue via email and you would've been in a much better position.

photome

zb_rad said:

mattyprice4004 said:

It'd be an easy win if this was a week later - but this now nearly 4 months on. Lockdown doesn't really affect the timescale - a lot of people such as myself used their cars daily right through it all. 

I can see their point of view - how do they know you haven't done the damage? 

But the dealerships were closed so even if I had noticed this issue sooner on I wouldn’t of been able to raise it until 01/06 which is when the reopened 

They weren’t closed in January, Feb or most of March

the point was that if you had told them a week after purchase you would have had an easy win